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Charter schools' public nature debated in U.S. Supreme Court case

Educators

Education Daily Wire Apr 30, 2025

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Todd Ziebarth enior Vice President, State Advocacy and Support | National Alliance for Public Charter Schools

Today, the U.S. Supreme Court engaged in oral discussions in the significant case of St. Isidore of Seville Catholic Virtual School v. Drummond. This case might alter the established framework of public school choice across the nation. Central to the case is whether a charter school can be religious in nature. A decision is anticipated within the next two months.

Previously, the National Alliance for Public Charter Schools, alongside 76 organizations and Attorneys General, submitted amicus curiae briefs supporting the Oklahoma Supreme Court's ruling. The court had overturned the state's sanctioning of a religious public charter school, holding it unconstitutional due to public schools' required nonsectarian status. Allowing religious charter schools could redefine charter schools away from being public institutions.

The charter movement's base operates on the premise of being public entities. In every state, save for three, charters draw funding through state per-pupil allocations designated for public schools. Additionally, states provide charters access to taxpayer-supported building finance options or public school facilities outright. Charter educators typically enjoy public employee status, giving them entry into state pension and healthcare systems. Other benefits include federal funding for underprivileged students, those with disabilities, and meal programs. Such resources are unavailable to private educational institutions.

Starlee Coleman, President and CEO of The National Alliance for Public Charter Schools, remarked, “Justice Jackson asked the last question of the day, which was ‘what will happen’ if the Court says that charter schools are really private schools? Here’s what will happen: charter schools will lose federal funding, state funding, access to school buildings, we won’t know what rules and requirements we must follow, and in some states, charter school programs may be ended altogether.” Coleman continued, “Some people think this will bring more school options to families. But we know that in some states, it will result in fewer school options.”

Currently, 8,150 charter schools serve 3.7 million students nationwide, characterized by being free, public, and inclusive to all.

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National Alliance for Public Charter Schools

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